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(영문) 울산지방법원 2019.5.24.선고 2018고단3884 판결
상해,재물손괴
Cases

2018 Highest 3884 Injury, Property Damage and Damage

Defendant

A South 81. Symar

Prosecutor

1. The term of office of the person under whose name the person under whose name the person under whose name the person under whose name the person under

Defense Counsel

Public-service advocate* (National Ship)

Imposition of Judgment

May 24, 2019

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal Facts

The Defendant was dead from around 2016 to August 2017, and from around June 2018 to early August 2018, the Defendant died with the victimized Party B.

On August 4, 2018, the Defendant: (a) received a letter from the victim that the victim would repay the amount of KRW 3 million,00,000,000 from the victim; (b) on November 8, 201 of the same year, the Defendant contacted the victim several times to receive his/her debt with his/her previous letter on several occasions; (c) provided no answer from the victim; (d) on November 9, 201, the Defendant returned to the victim’s residence around the same day.

1. Injury;

On November 10, 2018, at around 00: 10, the Defendant: (a) demanded the victim returned to the Republic of Korea before the Ulsan-gu, Ulsan-gu, Ulsan-gu to pay the above debt; (b) was refused from the victim; (c) the victim was able to see the victim’s face at several times with the floor of the Ga and drinking; and (d) thereby, the victim was injured by the victim, such as a fluoral so that the victim’s face going beyond the floor may be taken over several times, and the victim was able to walk up to the floor for about four weeks.

2. Damage to property;

While the Defendant injured the victim at the date, time, and place set forth in the above paragraph (1), the Defendant discovered that the victim was faced with his/her cell phone in his/her hand, and destroyed the mobile phone by reducing the above cell phone owned by the victim, which is equivalent to KRW 1,557,60, and KRW 600, from the time and place of the above paragraph (1), and destroying it by destroying it.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 257 (1) (Inflictingment) of the Criminal Act, Article 366 ( point of Causing Property Damage) of the Criminal Act, and Selection of Imprisonment with prison labor, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

In the crime of this case, the crime of this case requires repayment of money that the defendant lent to the victim who is a woman who friend with her own and her death, but the victim was found at night due to her refusal to do so, and the victim's face and body was abused differently from her face and body due to drinking and birth in neighboring old times, and damaged the victim's cell phone, which is not only dangerous, but also the nature and state of the crime is not good, due to the strong violence, and it is more serious that the victim suffered from the crime of this case has suffered from considerable physical and mental pain, and it seems that the victim was not able to recover from damage until now, and considering the fact that the victim was punished for the defendant, the punishment equivalent to the crime of this case is sentenced.

In the criminal investigation agency: (a) the Defendant appears to have the attitude to recognize and reflect all of his/her criminal acts; (b) while having experienced economic difficulties, the victim was seeking to recover the victim who was faced with his/her death; (c) but the victim refused to do so and had a dispute with each other; (d) the victim seems to have caused the instant criminal act by making his/her refusal; (e) there is no criminal history of the same kind of crime; and (e) there is no special criminal record other than once a fine due to the instant crime; and (e) other circumstances shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., shall be determined by taking into account all the circumstances as shown in the records

Judges

Judges Park Sung-ho

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